This article discusses various arguments for and against treating equality as a fundamental norm in law and political philosophy, combining prior arguments to the effect that equality is essentially an empty idea with arguments that treat it as a non‐empty but mistaken value that should be rejected. After concluding that most of the arguments for treating equality as a fundamental value fall victim to one or both of these arguments, it considers more closely arguments made by philosophers such as Ronald (...) Dworkin and Thomas Nagel that base a duty of promoting equality on the fact that governments impose a legal order on persons without their consent. It concludes that these arguments are mistaken: if the legal order imposed by government is justified then imposing it is not wrongful and generates no duty of equal treatment, while if that order is not justified no requirement of equality of treatment would cure the lack of justification. It concludes that equality should not be a value in law or political theory, but in some cases other considerations may justify particular rules that are sometimes mistakenly thought to be based on equality. (shrink)

What kind of equality should we value and why? Current debate centres around whether distributive equality is valuable. However, it is not the only (potentially) morally significant form of equality. David Miller and T. M. Scanlon have emphasised the importance of social equality—a strongly egalitarian notion distinct from distributive equality, and which cannot be reduced to a concern for overall welfare or the welfare of the worst-off. However, as debate tends to focus on distribution, social equality has been neglected and (...) we do not have a clear understanding of what it is and why it might be valuable. This paper aims to address this gap. (shrink)

Despite the popularity of equality as a political value, egalitarianism as a political theory has never, I think, been fully or successfully defended. I aim in this paper to begin the defense of such a view. The egalitarianism I have in mind has as its ideal a condition of equal wellbeing for all persons at the highest possible level of well-being, i.e. maximum equal well-being. Egalitarianism holds that society should be arranged so as to promote and maintain this state. Defending (...) such a view involves, as I see it, three tasks. First, the ideal I have Just mentioned must be made clearer and more specific and its implications for the distribution of particular goods such as material possessions and liberty must be revealed. Second, positive arguments must be given in support of an equal distribution of well-being as a requirement of morality and Justice. And, thirdly, arguments to the effect that there are Just or Justified inequalities which seriously outweigh the claims of equality must be rebutted. (shrink)

Positional goods are goods whose relative amount determines their absolute value. Many goods appear to have positional aspects. For example, one’s relative standing in the distribution of education and wealth may determine one’s absolute condition with respect to goods like employment opportunities, self-respect, and social inclusion. Positional goods feature in recent arguments from T.M. Scanlon, Brian Barry, and Harry Brighouse and Adam Swift that assert that we should favor egalitarian distributions of positional goods even if we reject equality as a (...) fundamental principle of distributive justice. With respect to positional goods, worsening the better off is required to better the worse off. Thus, we have reason to “level down” goods such as education and wealth in order to benefit those worse off with respect to the value of those goods. I argue that the allegedly positional aspects of the goods in question are not actually positional. Moreover, leveling down these goods risks self-defeat: it may produce a net decrease in the value of the shares of individuals with less of such goods. If so, leveling down measures would fail on their own terms. (shrink)

It is possible that the fame of the Texas Rose Rustlers Society has not yet reached readers of these words. They may want to know then that its members prize roses that survive unattended in the wilds of Texas, having eluded the benevolent attention of gardeners. These unattended roses are not too distantly related to the ‘unofficial English rose’ that the poet says ‘Unkempt about those hedges blows’ in the proximity of The Old Vicarage at Grantchester. As all respectable societies, (...) the Texas Rose Rustlers has by-laws stating the principles that unite its members. Here are some of them: there is more than one way of being beautiful; good climates are in the eye of the beholder; if you are attacked by disease, abandonment, or a bad chain of events, do not despair, there is always the chance that you were bred to be tough; and everyone should not smell the same. I mention these admirable principles because they offend profoundly against egalitarianism, which happens to be my target on this occasion. (shrink)

Contemporary moral egalitarians hold that all people have equal moral standing and that we deserve this standing in virtue of satisfying some descriptive criterion. These two claims appear to be in tension, however, as none of the proposed criteria are attributes that all people possess equally. Many egalitarians have hoped to eliminate this tension by holding that the descriptive criterion of moral standing is a "range property" – that is, a property one either possesses fully or not at all. I (...) argue that the prospects of this strategy succeeding are not good. The problems I raise stem from the vagueness of the egalitarians’ descriptive criteria. Appealing to what I call the moral ideal of proportionality, I show that this vagueness forces us to allow that moral standing can be possessed to finely differentiated degrees. But once this is granted, it is difficult to see how the claim that all people are moral equals can be justified. (shrink)

The idea that all people are moral equals enjoys broad support. Practically speaking, there is no doubt that this is a great moral victory. Inegalitarian views are often morally arbitrary, and many have been used to support self-serving and deeply harmful actions and policies. Coming, as it does, on the heels of ideas of racial, ethnic, religious, and gender-based superiority, there is no question that the world is a far better place for our commitment to the idea that all (normal (...) adult) humans deserve to be shown equal moral respect or concern. (shrink)